Health Services Union v Ambulance Service of New South Wales (No. 1) [2007] NSWIRComm 151

Industrial Relations Commission of New South Wales

CITATION: Health Services Union v Ambulance Service of New South Wales (No. 1) [2007] NSWIRComm 151

PARTIES: Health Services Union Director General, NSW Department of Health in respect of the Ambulance Service of New South Wales

FILE NUMBER(S): 2509 of 2006

CORAM: Grayson DP

Industrial dispute - Earlier dispute proceedings settled by Heads of Agreement - Interpretation of Heads of Agreement - Contextual approach - Plain and ordinary English meaning - Evidence of persons with direct involvement in events leading to settlement called by union - Inference drawn from failure on employer's part to call such evidence - In the alternative and on the merits agreement should apply to subject employees because the grounds justifying agreement applied equally to such employees CATCHWORDS: Held - Heads of Agreement applied and continued to apply to Operations Centre Managers - Primary basis of union claim made out - Alternative basis of claim does not arise for determination - Dispute order made

LEGISLATION CITED: Industrial Relations Act 1996

Busby v Australian Telecommunications Commission (1988) 83 ALR 67 CASES CITED: Jones v Dunkel (1959) 101 CLR 298 K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 60 ALR 509 Solutions 6 Holdings Ltd v Industrial Relations Commission of NSW (2004) 60 NSWLR 558

HEARING DATES: 19 September 2006, 16 February 2007, 19 February 2007, 20 February 2007, 21 February 2007, 28 February 2007, 10 May 2007

DATE OF JUDGMENT: 20 June 2007

Mr J Murphy of counsel with Mr D Ravlich, Manager Industrial Services - Health Services Union LEGAL REPRESENTATIVES: Mr A Morris Blake Dawson Waldron Lawyers